Right to Cure

ORS 701.565 states that a homeowner may not file a claim for construction defects against a contractor unless the homeowner first completes the right-to-cure procedure set out in the statue.

This procedure includes sending a written notice of defect to the contractor outlining each defect, how the homeowner believes each defect should be cured, any other damage incurred that cannot be cured by the remediation. The homeowner must include any report or other document proving the existence of the defects and incidental damages.

If a homeowner does not follow the correct procedures, they will not be able to proceed with litigation.

After receiving the notice, the contractor may request an inspection and then has 90 days from the date of the notice to offer a response. The homeowner may then accept or deny the response. After this, and if a settlement is not reached, the homeowner may proceed with construction defect litigation.